By Barbara Hudson
ISBN-10: 0335210368
ISBN-13: 9780335210367
ISBN-10: 0335225810
ISBN-13: 9780335225811
* Why may still offenders be punished - what should still punishments be designed to accomplish? * Why has imprisonment turn into the conventional punishment for crime in smooth commercial societies? * what's the courting among theories of punishment and the particular consequences inflicted on offenders? This revised and up-to-date variation of a hugely profitable textual content offers a finished account of the information and controversies that experience arisen inside of legislation, philosophy, sociology and criminology in regards to the punishment of criminals. Written in a transparent, available type, it summarises significant philosophical principles - retribution, rehabilitation, incapacitation - and discusses their strengths and weaknesses. This re-creation has been up-to-date all through together with, for instance, a brand new part on fresh cultural reports of punishment and at the phenomenon of mass imprisonment that has emerged within the usa. This moment version features a new bankruptcy on restorative justice, which has constructed significantly in concept and in perform because the booklet of the 1st variation. The sociological views of Durkheim, the Marxists, Foucault and their modern fans are analysed and assessed. a piece at the criminological standpoint on punishment seems on the effect of idea on penal coverage, and on the influence of penal ideologies on these on whom punishment is inflicted. The contributions of feminist theorists, and the demanding situations they pose to masculinist bills of punishment, are integrated. The concluding bankruptcy provides evaluations of the very suggestion of punishment, and appears at modern proposals that could make society's reaction to crime much less depending on punishment than at the present. knowing Justice has been designed for college students from a number of disciplines and is appropriate for a number of crime-related classes in sociology, social coverage, legislation and social paintings. it is going to even be helpful to pros in felony justice firms and to all these attracted to figuring out the problems in the back of public and political debates on punishment.
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Extra info for Understanding Justice: An introduction to Ideas, Perspectives and Controversies in Modern Penal Therory (Crime and Justice)
Sample text
S. Lewis’s attack on psychological techniques, in which he describes the process of rehabilitation as the coerced change of personality according to the edicts of Freud, a process which does not end until either the offender is indeed changed, or has learned to act as if s/he has been changed (Lewis 1971). As well as the ‘assault on personality’ involved in rehabilitation, Lewis refers to its link with the indeterminate sentence. If the object of punishment is not to mark the offence that has been committed, but to make the offender unlikely to commit a further offence, then the duration of punishment is logically linked not to the seriousness of the past offence, but to assessments of the offender’s progress towards harmlessness.
Under indeterminate sentencing schemes, especially in jurisdictions such as California, how long an offender served in prison was decided by the Adult Authority (the equivalent of the Parole Board in England and Wales), which considered how much the offender had ‘improved’ (psychologically, socially) and what was his/her likelihood of reoffending, rather than being decided by the trial judge with reference to the actual crime committed. This meant that prisoners convicted of non-violent property offences could serve longer sentences than violent offenders, particularly if they insisted that they were rational and not in need of treatment.
Seeing crime as determined rather than willed denies the moral integrity of the offender, it is argued; it deals with him/her in a patronizing, infantilizing way, or, as some rather more lurid statements of the moral defects of rehabilitationism put it, as animals to be trained (Walker 1991; von Hirsch 1993). The ‘cure’ for crime, under the treatment model, is to change the personality of the offender, and in taking away the likelihood of choosing to do wrong, taking away the capacity for moral choice at all.